12/10/2013 - Hand Down and published opinions in WordPerfect/ZIP format

Maxwell, James D.
X  2012-KA-00028-COA

Kewon Evans v. State of Mississippi; Bolivar Circuit Court 1st District; LC Case #: 2011-09-CR1; Ruling Date: 10/04/2011; Ruling Judge: Charles Webster; Majority Opinion: Maxwell, J. Disposition: The judgment of the Bolivar County Circuit Court of conviction of seven counts of aggravated assault and sentence of five years in the custody of the Mississippi Department of Corrections for each count, to be served consecutively, for a total of thirty-five years, and to make full restitution to each victim, is affirmed. All costs of this appeal are assessed to Bolivar County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton and Fair, JJ., Concur. James, J., Concurs in Part and in the Result Without Separate Written Opinion.

Cappaert Manufactured Housing, Inc. v. Gary E. Thronson, II, Barbara Butrich Thronson, Rodney St. Romain and Judy Lachey St. Romain; Warren Circuit Court; LC Case #: 11,0121CI; Ruling Date: 12/05/2012; Ruling Judge: M. Chaney, Jr.; Majority Opinion: Maxwell, J. Disposition: The judgment of the Warren County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton and Fair, JJ., Concur. James, J., Not Participating.

Larry Wooten a/k/a Larry C. Wooten v. State of Mississippi; Rankin Circuit Court; LC Case #: 20,131 & 20,132; Ruling Date: 01/08/2013; Ruling Judge: William Chapman, III; Majority Opinion: Maxwell, J. Disposition: This appeal is dismissed for lack of jurisdiction. All costs of this appeal are assessed to Rankin County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Fair and James, JJ., Concur.

Marcus A. Crittenden v. Susan L. Crittenden; Oktibbeha Chancery Court; LC Case #: 2010-0114-B; Ruling Date: 12/19/2011; Ruling Judge: Kenneth Burns; Majority Opinion: Roberts, J. Disposition: The judgment of the Oktibbeha County Chancery Court is affirmed on direct and cross-appeal. All costs of this appeal are assessed equally between the appellant/cross-appellee and the appellee/cross-appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Carlton, Maxwell and Fair, JJ., Concur. James, J., Concurs in Part and Dissents in Part Without Separate Written Opinion. Barnes, J., Not Participating.

Henry Stout v. Tracey Stout; Harrison Chancery Court 1st District; LC Case #: C2401-09-01634; Ruling Date: 07/24/2012; Ruling Judge: Jennifer Schloegel; Majority Opinion: Roberts, J. Disposition: The judgment of the Chancery Court of Harrison County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Maxwell and Fair, JJ., Concur. Carlton, J., Concurs in Result Only Without Separate Written Opinion. James, J., Concurs in Part Without Separate Written Opinion.

Kenith Lamar Anderson a/k/a Kenith Anderson a/k/a Kenith L. Anderson v. State of Mississippi; Madison Circuit Court; LC Case #: 2012-0329-JE; Ruling Date: 10/24/2012; Ruling Judge: John Emfinger; Majority Opinion: Roberts, J. Disposition: The judgment of the Circuit Court of Madison County of conviction of possession of marijuana with intent to distribute, while in possession of a firearm, and sentence of twenty-five years, with twenty years suspended and five years of supervised probation, in the custody of the Mississippi Department of Corrections, and to pay a $1,000 fine is affirmed. All costs of this appeal are assessed to Madison County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Maxwell, Fair and James, JJ., Concur. Carlton, J., Concurs in Result Only Without Separate Written Opinion.

Matthew Gibbs a/k/a Matthew Gibbes v. State of Mississippi; Smith Circuit Court; LC Case #: 2009-55K; Ruling Date: 05/10/2012; Ruling Judge: Samac Richardson; Majority Opinion: Ishee, J. Disposition: The judgment of the Smith County Circuit Court of conviction of burglary of a dwelling and sentence of twenty-five years in the custody of the Mississippi Department of Corrections and to pay $30,000 in restitution is affirmed. All costs of this appeal are assessed to Smith County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

John Doe o/b/o Jane Doe, a Minor v. Rankin County School District; Rankin Circuit Court; LC Case #: 2009-318 C; Ruling Date: 11/16/2011; Ruling Judge: William Chapman, III; Majority Opinion: Ishee, J. Disposition: The judgment of the Rankin County Circuit Court is reversed, and this case is remanded for further proceedings consistent with this opinion. All costs of this appeal are assessed to the appellee. Votes: Lee, C.J., Irving, P.J., Roberts, Fair and James, JJ., Concur. Barnes, J., Concurs in Result Only Without Separate Written Opinion. Griffis, P.J., and Maxwell, J., Dissent Without Separate Written Opinion. Carlton, J., Not Participating.

Antonio Cannon v. State of Mississippi; Bolivar Circuit Court 2nd District; LC Case #: 2011-105-CR2; Ruling Date: 06/18/2012; Ruling Judge: Albert Smith, III; Majority Opinion: Ishee, J. Disposition: The judgment of the Bolivar County Circuit Court of conviction of Count I, sale of cocaine within 1,500 feet of a public park, Count II, sale of marijuana within 1,500 feet of a public park, and Count III, child endangerment, and sentence as a habitual offender to thirty years for Count I, as a habitual offender to three years for Count II, and as a non-habitual offender to ten years for Count III, with the sentences to run concurrently, all in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Bolivar County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Roberts, Carlton, Fair and James, JJ., Concur. Maxwell, J., Concurs in Part and in the Result Without Separate Written Opinion.

Brian Wayne Mooney a/k/a Brian M. Mooney a/k/a Brian Mooney a/k/a Bryan Mooney v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: A-2401-2012-0013; Ruling Date: 10/15/2012; Ruling Judge: Roger Clark; Majority Opinion: Ishee, J. Disposition: The judgment of the Harrison County Circuit Court denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Harrison County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

Michael Hugh Alexander v. AIG Agency Auto, Inc., 21st Century Insurance Company as Successor in Interest to AIG, and Granite State Insurance Company, Inc.; Lee Circuit Court; LC Case #: CV10-127-RL; Ruling Date: 06/25/2012; Ruling Judge: James Roberts, Jr.; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Lee County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Griffis, P.J., Ishee, Roberts, Carlton and Fair, JJ., Concur. James, J., Concurs in Part and in the Result Without Separate Written Opinion. Irving, P.J., Dissents Without Separate Written Opinion. Maxwell, J., Not Participating.

Julian Sims a/k/a Julian D. Sims v. State of Mississippi; Yazoo Circuit Court; LC Case #: 2012-1302; Ruling Date: 08/24/2012; Ruling Judge: Jannie Lewis; Majority Opinion: Irving, P.J. Disposition: The judgment of the Yazoo County Circuit Court of conviction of Count I, gratification of lust, and sentence as a habitual offender of thirty years; Count II, kidnapping, and sentence as a habitual offender of thirty years; Count III, statutory rape, and sentence as a habitual offender of thirty years; and Count IV, sexual battery, and sentence as a habitual offender to thirty years, with all sentences to run concurrently and to be served in the custody of the Mississippi Department of Corrections, is affirmed. All costs of this appeal are assessed to Yazoo County. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Roberts, Maxwell, Fair and James, JJ., Concur. Carlton, J., Concurs in Result Only Without Separate Written Opinion.

Terry Mark Ashmore a/k/a Terry M. Ashmore a/k/a Terry Ashmore v. State of Mississippi; Coahoma Circuit Court; LC Case #: 14-CI-12-0058; Ruling Date: 11/20/2012; Ruling Judge: Charles Webster; Majority Opinion: Irving, P.J. Disposition: The judgment of the Coahoma County Circuit Court dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Coahoma County. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

Brian David Bradshaw a/k/a Brian Bradshaw a/k/a Brian D. Bradshaw v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-2011-00103; Ruling Date: 04/05/2012; Ruling Judge: John Gargiulo; Majority Opinion: Irving, P.J. Disposition: The judgment of the Harrison County Circuit Court of conviction of deliberate-design murder and sentence of life in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Harrison County. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

Barbara Dawson v. Boyd Biloxi, LLC ; Harrison Circuit Court 2nd District; LC Case #: 24CI2:12-cv-00048; Ruling Date: 01/24/2013; Ruling Judge: John Gargiulo; Majority Opinion: Irving, P.J. Disposition: The judgment of the Harrison County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

Darnell Winn a/k/a Nell v. State of Mississippi; Washington Circuit Court; LC Case #: 2010-0174; Ruling Date: 06/03/2011; Ruling Judge: Margaret Carey-McCray; Disposition: The motion for rehearing is denied.

Jeremy Clark a/k/a Jeremy D. Clark v. State of Mississippi; Madison Circuit Court; LC Case #: 2010-0490; Ruling Date: 12/13/2010; Ruling Judge: Samac Richardson; Disposition: The motion for rehearing is denied. Irving, P.J., and James, J., would grant.

Dexter Fulton a/k/a Dexter Calvin Fulton v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2008-0518-CR1; Ruling Date: 03/01/2011; Ruling Judge: Lee Howard; Disposition: The motion for rehearing is denied.

Albert Edmond a/k/a Albert Edmonds v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 251-11-469; Ruling Date: 12/05/2011; Ruling Judge: Jeff Weill, Sr.; Disposition: The motion for rehearing is denied.

Charles Johnson v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 11-352-CRW; Ruling Date: 12/19/2011; Ruling Judge: Jeff Weill, Sr.; Majority Opinion: Irving, P.J. Disposition: The judgment of the Circuit Court of Hinds County of conviction of possession of a firearm by a convicted felon, and sentence, as a habitual offender, of ten years in the custody of the Mississippi Department of Corrections without eligibility for parole or probation, is affirmed. The sentence of ten years as an enhancement for the use of a firearm in the commission of a felony is reversed and rendered. All costs of this appeal are assessed one-half to Hinds County and one-half to the appellant. Votes: Lee, C.J., Griffis, P.J., Roberts, Maxwell and Fair, JJ., Concur. Barnes and James, JJ., Concur in Part and in the Result Without Separate Written Opinion. Carlton, J., Dissents With Separate Written Opinion, Joined by Ishee, J. Dissenting Opinion: Carlton, J. Votes: Ishee, J., Joins This Opinion.

Danny Rea v. Foamex and American Home Assurance Company; Chickasaw Circuit Court 1st District; LC Case #: H2010-177LWC; Ruling Date: 03/14/2012; Ruling Judge: John Gregory; Disposition: The motion for rehearing is denied.

Willie Crowell v. Anne Butts d/b/a Magnolia Wrecker & Towing Service and Fani Atkinson; Hinds Circuit Court 1st District; LC Case #: 251-11-642; Ruling Date: 04/12/2012; Ruling Judge: Winston Kidd; Majority Opinion: Roberts, J. Disposition: The judgment of the Hinds County Circuit Court is reversed and remanded in part and reversed and rendered in part. All costs of this appeal are assessed to the appellees. Votes: Lee, C.J., Griffis, P.J., Ishee, Carlton, Maxwell and Fair, JJ., Concur. James, J., Concurs in Part and Dissents in Part With Separate Written Opinion, Joined by Irving, P.J., and Barnes, J. Concurring in Part and Dissenting in Part Opinion: James, J. Votes: Irving, P.J., and Barnes, J., Join This Opinion.

Mark Matthews a/k/a Mark David Mathews a/k/a Mark D. Mathews a/k/a Mark David Matthews a/k/a Mark Mathews v. City of Madison, Mississippi; Madison Circuit Court; LC Case #: 2011-0670-E; Ruling Date: 08/29/2012; Ruling Judge: John Emfinger; Disposition: The motion for rehearing is denied. Irving and Griffis. P.JJ., and James, J., would grant.